Wellness Programs

November 16, 2015



The Equal Employment Opportunity Commission (EEOC) has issued a long-anticipated proposed rule describing how Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) applies to employer-sponsored wellness programs. The proposal clarifies a narrow exception to the general rule that no incentives may be provided for an employee’s genetic information. It allows wellness programs to provide limited financial and other inducements in exchange for an employee’s spouse providing information about his or her current or past health status. The total inducement, however, is capped at 30 percent of the total annual cost of coverage for the plan. The proposed rule, along with a related set of questions and answers and a fact sheet for small businesses, is discussed in the Analysis and Guidance at ¶18,683 in the Benefits category under the “Wellness” topic. It also is noted in the Quick Answers at ¶14,186 in the Benefits category under the “Health Benefits and Insurance” topic, as well as in the Quick Answers at ¶18,642 and the Analysis and Guidance at ¶18,675 ,¶18,678 , ¶18,682 , ¶18,690 , and ¶18,719 — located in the Benefits category under the “Wellness” topic.

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